In the state of Texas it is considered rape if you take advantage of them while they're extremely intoxicated or passed out. The only possible exception to this might be if you obtain prior consent while sober. Here's a little story about a situation like that.

A few years ago I was rooming in my best friend's house. I've known him since childhood. He was married at the time, and he was working on the night shift. This is something that ruins many relationships. They were having serious marital problems. She had stopped having sex with him completely, probably because they were both overweight and neither of them felt sexy, but he still had strong sexual needs and those needs weren't being met. Apparently she did too.

I was going out at night with some regularity with friends. I had broken up with a woman I had loved, so I was single and horny and lonely. I'm sure I was putting out enough signals to the world at the time that I needed companionship, but I never flirted with my best friend's wife, and I certainly never hit on her. I tried to be a good friend to her because I knew they were going though a rough time. I tried to be understanding of her feelings. I think maybe she read too much into this.

One night I went out with friends to do karaoke. One thing I'll say about karaoke: I've never met a woman I was attracted to at a karaoke bar that didn't work there. Anyway, my friend's wife called me on my cell to see where I was, and I told her. I thought she was out with her friends, but she showed up at the karaoke bar, and started buying drinks. One drink led to another and eventually I was blotto. At the time I thought it might help me get up the courage to get on stage and sing, but it never got to my turn, and eventually I was too drunk to sing.

Since I had gotten a ride from my friends and I certainly wasn't driving anywhere, my friend's wife offered to drive me home because I was basically ready to pass out by the end of the night. When we got back home, I went straight to my bedroom and hit the hay straight away. I had closed the door. I had made no invitation. I was ready to pass out drunk. Then the door opened.

She came into my bedroom and sat down next to me and started talking to me. Honestly I don't remember what she said. I was drunk. All I remember is big boobs pressed up against me, and then kissing, and then her going down on me. I know that I would never in a million years have initiated this contact, even as horny and lonely as I was. I wasn't especially attracted to her physically, and even if I had been, I would never have done that to my friend.

After going down on me, she got up and went to their bedroom, and in my drunken state I followed and had sex with her. If I had been sober I'm sure I would never have followed.

The next day it was like she wanted to have an affair, and I felt like I was in a terrible position. She would come into my bedroom and do things to me, and talk like she was in love with me. I was lonely and horny, and I definitely didn't feel good about how this had started, and didn't want to continue. Then I came home drunk again, and after I went to bed I woke up again a while later with a naked woman on top of me.

Then one night I had to drive her home from somewhere in her car because she was too drunk to drive, and I was sober, and when she started grabbing at me, I pushed her away. She said she wanted me to tell her that if she wasn't married to my friend I'd be with her. I wouldn't say that to her. I told her that if she was a man I could file charges against her for trying to force me to make out with her against my will, and she said, "Yeah, but you're the man" and kept grabbing at me. I eventually fought her off, and she started crying, and asked me why I "love him so much" like it was so weird for a man to try to be loyal to his best friend, or to feel guilty about a situation like that.

After that I found another woman to date online, and moved to another city to get away from that situation. It was insane, and I couldn't deal with it any more. It's one thing to be at ground zero when a marriage disintegrates. It's another matter to be dragged into the mess and make it worse.

In my mind I set up clear boundaries the first time by going in my bedroom, closing the door, and going to bed. This happened other times too, and my boundaries weren't respected. Waking up with this woman in my face or on my cock was not part of the deal when I moved in, and now I feel like I'm the one who betrayed my friend, but really I feel like I was raped. We were both drunk, but I didn't initiate any of this, and I didn't try to perpetuate it either. I still feel bad about it. They're divorced now. That was inevitable either way. I just don't want to be part of it.

Anyone have any opinion on this? It kind of drives me nuts.

Edit:

I also realized something else I should have added to this. I'm a carrier of HPV and herpes. Like I said, I would never have had sex with my friend's wife under any circumstances while sober, and did not invite this situation. I suppose it could be said that I wouldn't have been expecting it to be a risk to my friend because he told me his wife hadn't had sex with him in over a year, but following this incident they had sex again (also while they were both intoxicated) and I felt like not only was she put at risk of catching HPV and herpes, but he was too, and so were the other men she later got with. I think she's actually married to someone else now.

Alcohol made this way more difficult than it needed to be.

I suppose I should also mention that I've only told one other person about this, someone I dated, and now she's an ex. At one point she tried throwing this in my face as if I betrayed my friend, like I somehow went out of my way to fuck my friend's wife, and that's definitely not what happened.

Judging by some of the comments on this post, there are a lot of assholes on this forum.